Search billions of records on Ancestry.com

CHAPTER TWO

Fair Copy: Marriage Settlement – 1802

 

    The original document consists of three pages, each 14½" wide by 18" long.  The handwriting fully covers both sides of the first two pages; the face of the third page is blank; its reverse side is utilized as the cover to the document when  folded into eighths, one section  upon which is written: “No. 2 , James Breakey 1st part, Sarah Nixon 2nd part, William Breakey 3rd part, Humphry Thomson & John Breakey 4th part;  Fair Copy-Marriage Settlement.”  The lower edges of the first two pages are ragged; in some cases the “folds” are torn.  Three-quarters of the cover page is torn completely from the attached upper one-quarter section; that part covering the entirely folded document is extremely soiled.

     The handwriting, in ink, is in most cases very legible; it is sepia-like against the apparently discolored white paper.  There are two watermarks on each sheet: the initials WMD, intertwined in script fashion, below which appears the date “1815;” a crest also appears elsewhere on each page.  Tracings of the watermarks follow:

 To conclude, in cases where the handwriting is in question or missing, “red” type will be rendered in the following manuscript.

Explanation of symbols used:            Pound      £

A copy of the original folded document concludes this chapter

     

  This indenture made the 9th day of December in the year of our Lord God 1802 Between James Breakey eldest son of William Breakey of Drumskelt in the County of Monaghan linen merchant of the first part, Sarah Nixon stepdaughter to Humphry Thomson of Bushford in the county of Monaghan aforesaid Esq of the second part, the said William Breakey of the third part, the said Humphry Thomson and John Breakey of Drumskelt aforesaid brother to the said James Breakey fourth part.   Whereas a marriage is intended to be had and solemnized between the said James Breakey and Sarah Nixon, and Whereas the said William Breakey is now seized and pofsefsed of and entitled unto all that part of the town and lands of Carricknaveagh in the County of Monaghan aforesaid and now in the actual pofsion John Jackson, Andrew Geraghty, Robert Gillan, James Gillan, John Moore, Alexander Moore. George Gilliland and William Gilliland as the tenants of the said William Breakey by virtue of a lease thereof made by the Rev. Henry Leslie of ?eragee in the County of Armagh clerk for three lives renewable forever. 

Transcriber’s note: In the left hand margin of the page is the following- The orgl lease was made by H. Leslie to the Rev’d Robt Smyth who afterwards made the lease herein alluded to Wm Breakey.

                                       And Whereas the said James Breakey is now pofsefsed of and entitled unto  & in his own right of money, goods & chattles to the amount of £ 1100 sterling and upwards  Now this Indenture witnefseth that the said William Breakey for and in consideration of the said intended marriage in case the same shall take effect and also for and in consideration of 5 s sterling to him in hand paid by the said James Breakey at and before the sealing and delivery of these presents the receipt whereof the said William Breakey doth hereby acknowledge & in order to settle &  provide for his son the said James Breakey in the world Hath granted, bargained sold released and confirmed and by these presents doth grant bargain sell release & confirm unto the said James Breakey in his actual pofsion now  being by virtue of Bargain and sale to him thereof made for one whole year by indenture bearing date the day next before the day of the date of these presents and by force of the statue for transferring  ? to pofsesion of his heirs and afsigns all that the before mentioned lands and premises of Carricknaveagh with all the right  members & appurces belonging or in any wise ?taining rents ifsues  and profits thereof and of every part thereof and all the Estate right title, interest claim and demand whatsoever both in  law  and Equity of him the said William Breakey his heirs or afsigns.  To have and to hold all and singular the before mentioned lands and premises of Carricknaveagh with every the appurces Thereunto belonging as aforesaid unto the said James Breakey his heirs and afsigns to the only proper use and behoof of him the said James Breakey his heirs and afsigns from the day of the date of these presents for and during all the lives yet to come  & unexpired of the original lease of the before mentioned lands and premises of Carricknaveagh and all benefit   & right of renewal forever   ? of the ? lands of Carricknaveagh subject  (End of page one) to all rents and dutys-? (remainder of sentence illegible-paper torn) said land & premes And this indenture further witnefseth that the said James Breakey for and in consideration of the said intended marriage  in case the same shall take effect and of the jointure and maintenance intended to be made and provided for the said Sarah Nixon during the term of her natural life and for and in consideration of the sum of £ 400 sterling the marriage portion of the said Sarah Nixon to him in hand paid or secured at  and before the sealing and delivery of these presents and also for and in consideration of the sum of five shillings sterling to him in hand paid by the said Humphry Thomson and John Breakey at and before the sealing and delivery of these presents the receipt whereof the sd James Breakey doth hereby acknowledge hath granth bargained sold released & confirmed & by these present doth grant bargain sell release and confirm unto the said Humphry Thomson & John Breakey in their actual pofsion now being by virtue of a Bargain and sale to them respectively thereof made for one whole year by  ? bearing date the day next before the day of the date of these presents and by force of the statute for transferring uses unto pofsion of their and each of their heirs Excors Admns & afsigns all that the before mentioned land and premises of Carricknaveagh with the rights members & appurces thereunto belonging or in any wise appertaining together with the rents ifsues and profits thereof and of every part thereof and all the estate right title interest property claim and demand whatsoever of him the said James Breakey by heirs Excors admins or afsigns into or out of the same And all other the goods and chattles property which he the said James Breakey is now or shall hereafter be pofsed of  To have and to hold all & singular the before mentioned lands and premises of Carricknaveagh with every the appurces thereunto belonging as aforesaid and all other the goods and chattle property which he the sd James Breakey is now or shall forever hereafter be pofsed unto them & each of them the said Humphry Thomson and John Breakey their and each of their heirs excors admns & afsigns from the day of the date hereof for and during all the lives yet to come and unexpired of the original lease of the before mentioned lands and premises of Carricknaveagh aforesaid and all benefit and right of renewal forever hereafter to be obtained of the same and all his the said James Breakeys right to title and interest of in and to all goods and chattle property which he the said James Breakey is now or that he may hereafter be pofsed of or entitled unto upon the several (paper torn on the fold; not legible) other trust use intent or purpose or purpose whatsoever that is to say in Trust for her the said Sarah Nixon or her afsigns to take and receive thereout the  clear yearly sum of £ 40 sterling for and during the term of her natural life provided she shall survive him the said James Breakey the same  to be paid and payable to her the said Sarah Nixon or her afsigns out of the before mentioned lands and prem’es of Carricknaveagh by two even  ( End of page two)  Even and equal payments in the year on every 1st day of May & 1st day of Novr during the term of her natural life the first payment thereof to be made on either of the said days of payment that shall first happen after the decease of the said James Breakey the same to be issuing & payable out of all that the before mentioned lands and premes of Carricknaveagh aforesaid provided also that she the said Sarah Nixon shall survive him the said William Breakey being the true  (paper torn on the fold; not legible)    to the contrary that the said William Breakey shall take and receive the rents issues and profits of all and singular the here in before mentioned lands & premes of Carricknaveagh during the term of his natural life and no longer the said William Breakey paying during his life the Chief or head rent thereof as usual and in case of nonpayment thereof or any part thereof for the space of 21 days next after any or either of the said days of payment thereof that  then   and in such case it shall and may be lawful to and for the said Sarah Nixon or her afsigns or any person or persons by her lawfully authorized to enter  into and upon the said lands of Carricknaveagh  and every part thereof and  distrain and the distrefs and distrefses   then and  there found  to take  lead  drive carry away impound and thereof dispose according to law until the said yearly sum of £ 40 sterling and all arrears thereof be fully paid off and satisfied together with all reasonable costs and charges which she or her afsigns may be put to in distraining the said lands for the same and in case of no sufficient distrefs or distrefses to be had or found on the said lands and premises of Carricknaveagh to satisfy the said yearly sum of £ 40 sterling and every part thereof that then and in such case it shall and may be lawful to and for her the said Sarah Nixon or her afsigns to enter into all and singular the said lands and premises of Carricknaveagh and every part thereof and the same to have again repofsess and enjoy as in her or their former estate anything herein contained to the contrary not withstanding and it is agreed upon by and between all the said parties to these presents and it is the true intent and meaning of these presents and of all the said parties that in case the said William Breakey should survive him the said James Breakey and that the said Sarah Nixon shall also survive him the said James Breakey and be barred in any manner from receiving the said clear yearly sum of forty  pounds sterling as and for her jointure as aforesaid out of the said lands and premises of Carricknaveagh in manner and form herein before mentioned that then and in such case it shall and may be lawful to and for the said Sarah Nixon or her afsigns to take and levy out of all and singular the money, goods & chattel property (by  sale   thereof in three months after the decease of the said James Breakey of whatsoever nature or  kind he  said James Breakey shall die pofsefsed of the full sum    (End of page three) of £ 40 sterling which said    ?    sum of £ 40 sterling so payable out of the lands and premises of Carricknaveagh in manner and form aforesaid or the said last mentioned sum of £400 sterling to be ifsuing and payable out of all the money goods and chattel property which he the said James Breakey shall die pofsed of as aforesaid and payable to her the said Sarah Nixon in manner and form aforesaid in either of which events  or cases shall be in lieu recompense and satisfaction of and for all dower and   thirds   which she the said Sarah Nixon might otherwise be entitled unto  Neverthelefs to permit  and suffer the said James Breakey and his afsigns (provided he shall survive the said William Breakey) to take and receive the rents ifsues and profits of all and singular the before mentioned lands and premises of Carricknaveagh during the term of his natural life and it is further agreed upon by and between all the said parties to these presents that in case there shall be more than one child or children of said marriage lawfully begotten living at the time of the decease of the said James Breakey or in due time thereafter that then and in such case the said sum  of £ 400 sterling shall be equally divided between such ifsue share and share alike to be payable out of all the money goods and chattle property of which he the said James Breakey shall die pofsed to be paid to them severally and respectively upon his  her or their attaining the age of twenty one years or days of marriage whichever shall first happen and in case there shall be more than one child or children of said intended marriage living at the time  of the death of said James Breakey or in due time thereafter and that any of the said children shall die before his her or their attaining the age of twenty one years or  day or days of marriage as aforesaid that then and in such case the child or children surviving shall be entitled to such child’s or children’s share or proportion of said sum so dying and all benefit arising therefrom  And in case there shall be no child or children of said intended marriage living at the time of the death of the said James Breakey that then and in such case it shall be lawful to and for the said James Breakey to leave the said sum of £ 400 sterling to any person or persons that he may think fit and proper together  which  all his the sd James Breakeys right  title and interest of in and to all and singular the herein before mentioned lands and premises of Carricknaveagh aforesd and all other his the said James Breakey’s properties real or personal by his last will and testament attested by three or more   (paper  torn on fold; illegible)  to the payment of the yearly sum of £40 sterling out of the said lands of Carricknaveagh aforesaid during her natural life or to the sum of £ 400 sterling payable to her out of his the said James Breakeys’ goods chattel property as aforesaid as the case may be provided she survives him the said James Breakey as aforesaid.  In Witnefs of

 

 

James Breakey L S           Sarah Nixon  L S            Will. Breaky (no final “e”) L S

                   

                                                                                  Humphry   Thomson     L S

                                                                                                     John Breakey      L S

 

Registered the 14th day of June 1806

 

 

Fair Copy:  Marriage Settlement - 1802